Do you really need a social media policy? Social media websites like Facebook and Twitter used to be an outpost of tech nerds and teenagers. Now, they’re a mainstream means of communication and accessible by smart phones and computers both at work and at home. As a result, the law is starting to treat what your employees say online the same that they would for any other expression of speech.
This means increased protections for employees, and increased pitfalls for employers. Many employers are behind the times, either using an outdated social media policy or skipping the protection all together. Not having a current compliant policy could mean risking your business’s reputation. However, if you don’t know what you’re doing, a do-it-yourself common sense approach to developing a policy for your office could easily lead to labor violations.
In this trainer, we’ll discuss:
Just because your business hasn’t established a web presence doesn’t mean that it isn’t present on the web. In 2008, two rogue Domino’s employees posted a video on YouTube of themselves disgustingly and dangerously mishandling ingredients they later put on a pizza (they were shoving cheese up their noses) and planned to deliver to a customer’s house in thirty minutes or less. One million online views later, Domino’s had a full blown public relations crisis on their hands.
Here’s how this could happen in a business like yours. What would you do, or what does your policy say you will do, if you discover that an employee is regaling her blog subscribers with on-the-job horror stories, using sensitive and confidential client information, or saying negative things about you, your practice, or fellow employees? How would you address a disgruntled ex-employee who gave the practice a harmful and hurtful review on CitySearch or Yelp? What about a current employee that jumped on Facebook and started complaining about their supervisor, wages, or work conditions?
Having a current, comprehensive social media policy will give you the answer to these questions and create a clear guideline for your employees to follow. This will provide you with a straightforward, efficient, and legal way of handling employees who break the rules. It’s critical that every employer implements and communicates a properly written social media policy now, before you learn the hard way that going without can truly cost your business. It is important that all employees stay abreast of the latest changes, lawsuits, legislation, and settlements that are continuing to develop on this issue.
Why do I need to go through the trouble and expense of creating a policy? Can’t I just fire employees who post negative comments about my business on the internet?
Not so fast. An opinion by the National Labor Relations Board (NLRB), as well as a recent lawsuit settlement, negated the old assumption that employers can exercise their at-will status and freely fire employees who post negative comments about them on the internet. The NLRB’s opinion suggests that employers cannot necessarily prohibit employees from making disparaging or negative comments about the employer in a public forum. This is because Section 7 of the NLRA, at its most basic level, gives employees the right to discuss the conditions of their employment, including their wages and benefits.
Many are not aware that you cannot forbid or discipline your employees from conversing about their wages, benefits, and working conditions. In fact, having such a policy would violate the provisions of the NLRA and put you on the wrong side of the law. Now that laws have started to recognize that employees are just as likely to chat about these issues online as they are on the job, your policy forbidding the discussion of wages on social media and websites could be a violation, too. These protections are so broad that any employer can violate it, regardless of whether your employees have formed a union.
How can I regulate my employee’s personal internet activities without violating fair labor practices?
Just because the NLRB suggests that employers can’t fire employees who post negative comments on issues of wages, benefits, and working conditions, it doesn’t mean you are defenseless. There are several things you CAN do to regulate your employees’ internet activities:
Remember that the internet is ever-expanding. It’s very hard to contain harmful information about your business once it’s out there. Having an up to date social media policy will help you avoid a mess and perhaps keep you from acting unlawfully against an employee that is engaging in protected activity.
If you are missing this policy, have questions about this subject, or would like for us to review your current handbook, please get in touch with us at info@cedrsolutions.com or call us at 602-476-1418.
Thank you for learning with us! Enjoy a productive, harmonious, lawsuit-free day.
Friendly Disclaimer: This information is general in nature and is not intended to provide legal advice or replace individual guidance about a specific issue with an attorney or HR expert. The information on this page is general human resources guidance based on applicable local, state, and/or federal U.S. employment law that is believed to be current as of the date of publication. Note that CEDR is not a law firm, and as the law is always changing, you should consult with a qualified attorney or HR expert who is familiar with all of the facts of your situation before making a decision about any human resources or employment law matter.
A Blog Written by CEDR, written by HR Experts to help you run your practice.
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